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Asst. DA uses Facebook to blast Fed case

Prosecutor calls charges against police officer ‘corruption of justice system’

By Jeff Proctor
Albuquerque Journal

ALBUQUERQUE, N.M. — District Attorney Kari Brandenburg is looking into several comments posted on a controversial social networking Web page by a prosecutor in her office.

The review of Assistant District Attorney Tracy Drager’s posts on the “Fans of the Albuquerque Police Department” Facebook page also has Brandenburg considering whether her social networking policy may need some clarification, she said in an interview Monday.

Drager, whose brotherin-law is an APD officer, expresses strong opinions on the site, which was part of an APD investigation that led to a revamped social networking policy for the department. Officers were disciplined for posting inappropriate comments on the page and on their personal Facebook pages, including Detective Trey Economidy, who listed his occupation on his page as “human waste disposal.”

Among Drager’s posts on the “Fans” site are:

Calling the federal prosecution of former APD officer Brad Ahrensfield “corruption of the ‘justice’ system.”

Describing Albuquerque Public Safety Director Darren White as a “political appointee that (doesn’t) actually do anything.”

Saying that an APD officer and Bernalillo County sheriff’s deputy did “the right thing” by not taking other law enforcement officers to jail after arresting them on suspicion of DWI. One deputy was disciplined after an internal investigation. The APD officer was reassigned.

And stating that she hopes an alleged victim of child abuse “never has to see (his mother) again.”

Brandenburg said she learned about the posts from White on Saturday and began reviewing Drager’s posts immediately.

“I saw some things on there that were borderline,” she said. “I saw some things that I don’t want anyone to think represented the position of the office.”

For example, the child abuse comment could be ammunition for a defense attorney to try to disqualify the DA’s Office from the case, Brandenburg said.

Drager said in an interview that her comments reflected her opinions and were not meant to represent the views of the DA’s Office.

“After talking with Kari, I can see how (the posts) would affect her relationship with APD and other entities,” Drager said. “And in speaking with her, I think it’s better not to post (on the site) - not because I can’t have an opinion, but because my opinion could affect Kari.”

Brandenburg said the question is whether Drager’s posts violated the social media policy of the DA’s Office, which went into effect April 21. When using social media websites, the policy states, “Employees shall conduct themselves in a manner consistent with office policies including those relating to professionalism, the protection of confidential information, respect for all persons, and professional codes of ethics.”

The policy places further restrictions on employees who identify themselves online as employees of the DA’s Office, which Drager apparently does not.

Employees can face discipline up to termination for violating the policy.

When discussing the posts that concerned her, Brandenburg also pointed to Drager’s comments about the case against Ahrensfield, whose motion to dismiss the federal obstruction-of-justice charge for which he was convicted earlier this year was denied last week.

“I certainly wouldn’t want those comments to be construed as me criticizing a federal judge,” Brandenburg said.

Drager has posted at least twice about the case. On March 24, she wrote: “I am so sad to read about this corruption of the ‘justice’ system” in response to an item posted about briefings filed in the case. And after Ahrensfield’s most recent motion was denied last week, Drager wrote: “I assume it will be appealed ... just from a legal standard I can’t see how that would all be considered ‘harmless error.’ ”

Drager said her comments on the Ahrensfield case were based on motions filed by Ahrensfield’s attorney.

“Not knowing both sides, the information from the defense seemed significant,” she said.

Brandenburg said she began crafting a policy in February after reading news stories about problems APD was having with officers posting inappropriate comments on social media websites.

Copyright 2011 Albuquerque Journal